Section 67B of Family Law Act 1975 (‘the Act’) provides a legal framework for a child’s biological father to make financial contributions to the maintenance of the mother during a crucial period. The provision is a mechanism for determining and enforcing a father’s financial contribution towards reasonable expenses to support the mother and child. The childbirth maintenance provision applies only when the father is not married to the child’s mother.
The types of financial contributions which a father can be liable to making payment toward includes:
- The maintenance of the mother for the “childbirth maintenance period” in relation to the birth of the child. The maintenance is not for any other child in the mother’s care or any other person living with the mother.
- The mother’s reasonable medical expenses relating to the pregnancy and birth. Generally, these expenses include; medical, nursing, hospital, pharmaceutical and physiotherapy expenses.
- The reasonable funeral costs associated with the mother and/or child if the mother dies as a result of pregnancy or birth, or if the child is stillborn or dies and the death is related to the birth.
The childbirth maintenance period commences either two months before the due date of the child, or if the mother is working at the time she falls pregnant, on the date the mother is advised by a medical professional to cease employment for reasons directly related to pregnancy. The childbirth maintenance period concludes three months after the child’s birth.
When assessing whether the father is in a position to make a financial contribution, the Court will consider the following:
Income
The Court will take into account the father’s income, earning capacity and the financial resources of both the mother and the father. If the mother is entitled to an income tested pension, allowance or benefit, the Court will disregard this form of income.
Expenditure
The necessary expenditure of both parents to support themselves and any other person they have a duty to maintain. For example, if one or both of the parents has a child, the Court will consider the costs needed to continue to support that child.
Special Circumstances
The Court will weigh up whether the payment of childbearing costs would cause undue hardship or injustice to any person.
If the Court is satisfied that the father is able to make a contribution, the Court is not limited to specifically contemplating the income, expenditure and special circumstances of the father. The Court may take into account other matters, such as any other funds voluntarily paid by the father to the mother.
The Court has broad powers when making orders about childbirth maintenance. For example, the Court can make orders for payment to be made in a lump sum or through a regular payment paid over a period.
When seeking childbearing costs, the mother is required to file an Application with the Court within 12 months of the birth of the child. The Court may allow an extension of this timeframe if the mother can demonstrate that herself, the child or another person would experience hardship if an extension was not permitted.
Written by
Olivia Brennan
Family Law Solicitor
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